AMITAVA DE BHOWMICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revision has been preferred against an order dtd. 19/7/2017 passed by the Learned Additional Chief Judicial Magistrate, Sealdah General Registrar Case No. 3993 of 2015 Manicktala Police Station Case No. 278 of 2015 dtd. 7/12/2015 under Ss. 341/323/504/506/363/511/34 of the Indian Penal Code, 1860 read with Sec. 25(1B)(a)/27 of The Arms Act, 1959 whereby the Learned Magistrate was pleased to receive final report in form of Mistake of Fact vide no. 52 of 2016 dtd. 3/8/2016 submitted on 14/9/2016 and thereupon was further been pleased to accept the same by dropping the entire proceeding upon issuance of notice upon the de-facto complainant/petitioner.

(2.) The proceedings in this case against the private opposite parties was initiated on the basis of a written complaint dtd. 19/11/2015, wherein it appears that there was an execution of a sale agreement between the parties for sale of a flat to the opposite parties/accuseds. There is a dispute relating to payment of Rs.8,40,000.00 made by the accuseds/opposite parties to the petitioner, which is denied by the petitioner.

(3.) The accuseds/opposite parties insist that they have paid but have lost the receipt. The petitioner herein has also alleged extortion by local leaders, who are assisting the accuseds.